Plaintiff Brought A Class Action In A Debt collection matter, but voluntarily dismissed it after defendant moved for a special motion to strike under the antiSLAPP statute, Code of Civil Procedure section 425.16. After it was dismissed, defendant sought attorney fees under section 425.16. Plaintiff argued defendants would not have prevailed in the motion to strike […]
Rating By Analogy In Workers’ Compensation Case.
An agreed medical examiner recommended characterizing a workers injury: “by analogy, it would be similar to an individual with a limp and arthritis.” The Workers’ Compensation Appeals Board found a doctor could rate an impairment by analogy to other impairments which are rated in the guide used in workers’ compensation matters. The employer, a city, appealed, […]
Legal Capacity, Undue Influence, Financial Elder Abuse.
When defendant and decedent married in February 2005, decedent’s trust provided for his children, grandchildren and a former son-in-law. After the marriage, in May 2005, decedent executed a trust amendment providing defendant with 50 percent of decedent’s assets upon his death. Between 2005 and 2008, several other amendments were executed, resulting in defendant being left with […]
Homeowners Association Must Accept Partial Payments.
A homeowners association notified a homeowner of a $3,864.96 delinquency. Two weeks later, a lawsuit against the homeowner was authorized. During the following months, the sides reached an agreement regarding a payment plan, although the homeowner never signed the agreement. The homeowner did, however, make three payments totaling $3,500, although the monthly payments of $188 were […]
Was Sexual Harassment A Substantial Motivating Reason?
Plaintiff contended he was fired in retaliation for reporting allegations of sexual harassment and a jury awarded him $238,328. The trial court instructed the jury with CACI No. 2430, the 2012 version. Citing Harris v. City of Santa Monica (2013) 56 Cal.4th 203, [294 P.3d 49, 152 Cal.Rptr.3d 392] the appellate court reversed for a new […]
Disability Discrimination With The LSAT? Need For Accommodation.
Before a recent law change, when extra time was given to subjects with cognitive or physical disabilities who take the Law School Admissions Test [LSAT], the person’s score was identified and a letter sent to law schools notifying that an accommodation was granted and advising that the score should be interpreted with great sensitivity. In 2013, […]
No Spot Zoning Removal Here.
A church desired to build a senior citizen living community in an unincorporated area of a county. The Board of Supervisors created a new zoning definition for senior residential housing, and determined the project was in compliance. Several community groups associated and challenged the Board in a petition for writ of mandate in the superior court, […]
Who Has Time To Read A Special Verdict Form?. . . .Unimportant Details
In an action for hostile work environment brought under Government Code section 12900, et seq. [California Fair Employment and Housing Act; FEHA], a jury returned a plaintiff’s verdict for $160,000 and the court awarded him $680,520 for attorney fees. In a motion for JNOV, defense counsel argued the parties and the court agreed on a special verdict form […]
Local Ordinance Prohibiting Registered Sex Offenders From Entering City Parks Preempted By State Law.
A criminal defendant was charged with violating a local ordinance that prohibits registered sex offenders from entering city parks without written permission of the police chief. The trial court sustained defendant’s demurrer, concluding state law preempts prosecution under the local ordinance because the Legislature has enacted a comprehensive statutory scheme. The appellate court agreed, stating: “We […]
Dissenting Minority Shareholders Interpretation Of Corporations Code § 1312(b),
Corporations Code section 1312 generally governs the rights of minority shareholders who dissent from mergers and buyouts. The court was faced with how section 1312(b), which involves buyouts when parties to a merger are under common control, interacts with section 1312(a) in light of the California Supreme Court’s holding [Steinberg v. Amplica, Inc. (1986) 42 Cal.3d 1198, […]
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